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City Council Resolution 1992-01RESOLUTION 92-1 RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS SUPPORTING ESTABLISHMENT OF REGULATIONS GOVERNING ADULT LAND USES CITY OF MONTICELLO ADULT LAND USES STUDY WHEREAS, on January 14, 1991, the City Council for the City of Monticello established an interim ordinance imposing a moratorium on adult-oriented land uses on certain property located within the city of Monticello; and, WHEREAS, the City Council has reviewed the staff's report on various adult land use regulatory schemes and legal considerations related to adult entertainment land use restrictions; and, WHEREAS, the Planning Commission held a public hearing on the matter on April 2, 1991, and on December 3, 1991, to consider the matter and to receive public input on the issues; and, WHEREAS, the City Council has considered all of the documentary evidence presented to it by staff through the public hearings upon which it bases the following findings and conclusions: FINDINGS: 1. The community goals identified in the Comprehensive Plan of the City of Monticello include encouraging steady, careful growth by maintaining reasonably high standards; to utilize the inherent advantages of the community in terms of location, existing population, school system, available land, etc., to gain the best possible advantage from these assets so as to develop a reputation as a community combining all the desirable elements for living in Minnesota; to develop urban land uses according to a set of uniform standards applicable to the City. Such standards should govern land use, public improvements, health conditions, safety features, aesthetic considerations, and other elements of the urban environment for purposes of safeguarding the public health, safety, convenience, and general welfare; to develop a sound and broad tax base for the City and the school district in order to provide revenue for adequate public facilities and services without creating undue burdens upon property owners. 2. As expressed in Minnesota Statutes, Section 617.291, it is the declared policy of this state to prevent commercial exposure of minors to sexually provocative Resolution 92-1 Page 2 written, photographic, printed, sound, or published materials as defined therein which are deemed harmful to minors. 3. Adult land uses have an impact on the neighborhoods surrounding them which is distinct from the impact caused by other commercial uses, this fact substantiated by studies conducted in other cities possessing characteristics similar to characteristics possessed by the city of Monticello. 4. Residential and commercial neighborhoods located within close proximity to adult theaters, bookstores, and other adult land uses experience increased crime rates (sex related crimes in particular), lowered property values, increased transiency, and decreased stability of ownership. 5. The adverse impacts which an adult land use has on surrounding areas diminishes as the distance from the adult land use increases. 6. Studies of other cities have shown that among the crimes which tend to increase either within or in the near vicinity of adult entertainment uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. 7. The City of Phoenix Study confirmed that the sex crime rate was on an average six times higher in areas with at least one adult entertainment use as it was within comparable areas of their city without such adult uses. 8. Studies of other cities have shown that the values of both commercial and residential properties either are diminished or fail to appreciate in value at the rate of other comparable properties when located in proximity to adult entertainment uses. 9. The adverse impact of adult uses on commercial areas is increased by the presence of more than one adult entertainment use in close proximity to another such use. 10. The number and rate of real estate listings increases in areas in which adult entertainment uses are located. 11. The Indianapolis study established that professional real estate appraisers believe that an adult bookstore would have a negative effect on the value of both residential and commercial properties within a one to three block area of the store. Resolution 92-1 Page 3 12. Many members of the public perceive areas within which adult entertainment uses are located as less safe than other areas which do not have such uses. 13. The cities whose adult entertainment use reports have been considered in these proceedings have strip commercial development patterns and other commercial neighborhood characteristics analogous to those found or developing in the city of Monticello. CONCLUSIONS: 1. The impacts which adult entertainment uses have on surrounding areas should be addressed through a distinct set of land use regulations directed specifically at such adult entertainment uses. 2. Adult entertainment land uses should not be located in close proximity to buildings or facilities where children are the dominant clientele or patrons of the service, product, or facility usage offered by such building or facility. 3. The existing land use regulations of the City of Monticello inadequately address the unique impacts which adult entertainment uses have on surrounding neighborhoods and fail to adequately foster the community goals declared in the comprehensive plan and in state law. 4. Adult entertainment uses should be located in areas of the city which are not in close proximity to commercial areas, residential areas, churches, parks, and schools. 5. Regardless of whether adult entertainment uses have currently had an adverse impact on the areas surrounding them in this city, the experience of other cities, as documented in the studies considered, confirms that regulation of adult entertainment uses is essential to prevent future deterioration of surrounding neighborhoods and adverse social impacts associated with such uses. 6. The concerns which have prompted public hearings in this city are similar to the concerns which motivated the communities of Indianapolis, Indiana; St. Paul, Minnesota; Phoenix, Arizona; Seattle, Washington; Rochester, Buffalo, Big Lake, and Champlin, Minnesota, to undertake their studies of adult entertainment uses; consequently, the results of those studies are relevant to the existing or foreseeable impacts which such uses can have on the areas surrounding them in this city. Resolution 92-1 Page 4 7. The concentration of adult entertainment uses in commercial areas or the location of adult entertainment uses in close proximity to residential uses, churches, parks, and schools will result in devaluation of property values and decreases in commercial business sales, thereby reducing tax revenues to the city and adversely impacting the economic well-being of the citizens of this city. 8. Location of adult entertainment uses in proximity to residential uses, churches, parks, schools, bars, and other adult entertainment uses very likely would lead to increased levels of criminal activities, including prostitution, rape, assaults, and other sex-related crimes in the vicinity of such adult entertainment uses. 9. Regulation of adult entertainment uses is essential to ensure that family values and youth values in the city of Monticello are protected and provided a physical environment in which to develop in a healthy and wholesome manner. 10. Adult entertainment uses should be located in the heavy industrial (I-2) zoning district and at least 700 feet away from any of the following zoning districts and/or land uses. - Existing residential zoning district or land designated in the comprehensive plan as a future residential zoning district. - Public or private park or recreation facility. - Church - Day care facility - School property - Liquor sales 11. Based on the findings and conclusions outlined above, the City of Monticello City Council does hereby recommend adoption of regulations governing adult land uses, which is attached and incorporated herein. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY F MONTICELLO THIS 13TH DAY OF JANUARY, 1992. May ATTEST: City Admini rator